This Agreement sets forth the terms and conditions of use for the websites operated by USA Triathlon (referred to as "USAT," "we," "us," or "our" herein) at www.usatriathlon.org, www.usatmembership.com, www.usatrankings.com (collectively referred to as the “Site”). You should be aware that USAT owns several other domain names that direct traffic to the Site, and that this Agreement also covers use of the Site via such domain names. USAT reserves the right, at our discretion, to change, modify, add or remove portions of this Agreement at any time. Such changes, revisions or modifications will be effective immediately upon notice to you, which may be given by any means including, without limitation, via posting on the Site. Your continued use of the Site after such notice will be deemed to constitute acceptance of such changes, revisions or modifications. Please check this Agreement periodically for changes.
SCOPE OF USE
The Site is owned by USAT. We invite you to view the Site for your personal, informational, non-commercial use only.
USAT may, from time to time, offer Site users the opportunity to download certain software from the Site. For purposes of this Agreement, the term “software” includes any files or images incorporated in or generated by the software, and any data accompanying the software. We hereby grant to you a non-exclusive and non-transferable license, during the term of this Agreement, to download and use a single copy of any software that we so offer to Site users on a single computer for your personal, informational, non-commercial use only, provided that you keep intact all copyright and other proprietary notices contained in such software.
We also invite you to download a single copy of the text, graphics, animation, photographs and other materials contained in the Site on any single computer for your personal, informational, non-commercial use only, provided that you keep intact all copyright and other proprietary notices contained in such materials.
The use of any such materials (including the software) in any other manner or for any other purpose, including on any other web site or networked computer environment is prohibited.
The Site is controlled and operated by USAT from within the United States of America. Unless otherwise specified, the materials contained in the Site are presented solely for the use of users located in the United States of America and its territories and possessions, excluding Puerto Rico, American Samoa, Guam and the Virgin Islands. Those who choose to access the Site from other jurisdictions do so at their own initiative and are solely responsible for compliance with applicable laws, rules and regulations.
All software contained in the Site is subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Site is protected by U.S. copyright laws and international treaties. With the exception of those materials that are in the public domain and any User Content (defined below) posted on the Site, all materials contained in the Site are the copyrighted property of USAT or its third-party licensors. Except for your personal, informational, non-commercial use as authorized above, no part of any text, graphics, animation, photographs, audio-visual elements, software or any other materials contained in the Site may be used, modified, copied, reproduced, republished, uploaded, posted, transmitted, transferred, distributed, downloaded or stored in a retrieval system without the express written permission of USAT. The creation of derivative works based on any materials contained in the Site including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited.
“USAT Marks” means the word all trademarks, service marks, words, symbols, terms, logos, emblems, designs, designations and trade dress used by USAT in connection with its goods and services. All USAT Marks are the exclusive property of USAT. This Agreement does not authorize you to use any USAT Mark. Any such use is expressly prohibited. Unauthorized use of any USAT Mark may be a violation of federal and state trademark laws, including but not limited to 36 U.S.C. Section 220506.
INFORMATION, NEWS AND PRESS RELEASES
The Site may contain information, news and/or press releases about USAT. While this information is believed to be accurate as of the date it was prepared, USAT disclaims any duty or obligation to update such information.
LINKS TO THIRD PARTY WEBSITES
The Site includes links to web sites owned by third parties solely as a convenience to our users. The terms and conditions of this Agreement do not apply to any such linked websites. Further, USAT does not endorse any such linked websites, or the information, materials, products or services that are contained in or accessible through such linked web sites. USAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES THAT ARE CONTAINED IN OR ACCESSIBLE THROUGH SUCH LINKED WEB SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
You acknowledge and agree that USAT is not responsible for the content, accuracy, legality, decency, copyright compliance, privacy practices, security or any other aspects of any such linked websites, and that the access or use of any such linked websites is solely at your own risk, and you hereby waive any and all claims against USAT with respect to such linked websites.
USER CONTENT; GRANT OF LICENSE
The Site may enable you to post content, submit e-mails or otherwise provide content to USAT and/or other Site users. You acknowledge and agree that all information, data and other materials that are posted on or transmitted in connection with the Site by you or another Site user (“User Content”) are the sole responsibility of the person from whom such User Content originated. USAT does not control User Content, and does not guarantee the truthfulness, accuracy, reliability or quality of User Content. You acknowledge and agree that by using the Site, you may be exposed to User Content that is inaccurate, offensive or objectionable. Under no circumstances will USAT be liable for any User Content.
In order to help keep our Site a safe place for all users, we require that you comply with the following House Rules in connection with your use of the Site:
You may not upload to, distribute through, or otherwise publish on the Site any User Content that is libelous, defamatory, tortious, obscene, pornographic, threatening, abusive, harassing, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, that is harmful to minors, or that otherwise constitutes or encourages a criminal offense, violates the rights of another, or violates any law.
You may not impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity.
You may not upload to, distribute through, or otherwise publish on the Site any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., confidential information about your employer).
You may not upload to, distribute through, or otherwise publish on the Site spam, junk mail, chain letters, pyramid schemes, or the like.
You may use the Site only for non-commercial purposes. Unless you have obtained our prior written approval, you may not upload to, distribute through, or otherwise publish on the Site any User Content that contains any solicitations, advertising, or promotional materials, including but not limited to materials that solicit membership in any commercial online service or other organization.
You may not upload to, distribute through, or otherwise publish on the Site any materials that contain computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment.
You may not provide, collect or store personal information about others.
You agree to comply with all laws, rules and regulations applicable to your use of the Site.
You agree not to use any public forum that we may establish on the Site for the purpose of conducting private conversations.
You acknowledge and agree that we reserve the right to monitor all User Content. You further acknowledge and agree that while we reserve the right to remove User Content in our sole discretion for any reason, we have no duty to do so. We also reserve the right to turn over any User Content to law enforcement officials.
We ask that you further help us to keep the Site safe for all users by notifying us when you believe that these House Rules have been violated. If you believe that our House Rules have been violated, please send us an e-mail at email@example.com.
REGISTRATION AND PASSWORDS
The Site may permit or require you to register or select a password prior to permitting access to certain products or services available through the Site. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.
USA Triathlon provides information on its website to assist visitors in identifying its products, services and resources. Additionally, visitors may contact USA Triathlon via the contact us page, may register for various sporting and other events and may become members. USA Triathlon visitors may also visit areas of the website to access user forums and other online resources.
Some users of the USA Triathlon website choose to interact with USA Triathlon in ways that require visitors to provide personally-identifying information. “Personally identifying information” includes, for example, an individual’s name, home address, email address, telephone number, credit card information, interests, hobbies or any other information that can be used to identify or contact an individual, whether online or offline. The amount and type of personally identifying information that USA Triathlon gathers depends on the nature of the interaction. For example, a user who registers for a sporting event through the USA Triathlon site will likely be required to provide most or all of the personally identifying information listed above. A user who requests information under a “Contact us,” or other link may not be required to provide as much personally identifying information. USA Triathlon will not require a user to disclose more personally identifying information than is reasonably necessary under the circumstances. USA Triathlon may use this information for internal marketing purposes. It may also occasionally send sponsor-related special offers, member discounts and other information directly to members. If you register for an event using the USA Triathlon service, some of your personally identifying information may be provided to the event manager, who may not use or disclose the information except as necessary to manage the event. USA Triathlon does not disclose any personally identifying information to any other third party except when required to do so by law. USA Triathlon does not store credit card information on its servers.
Collection of Personally Identifying Information from Children Under 13
USA Triathlon implements security features to protect the USA Triathlon website. However, USA Triathlon wants users to remember that communication across the Internet is potentially accessible to the public and can be used by third parties without your knowledge or consent. Please remain vigilant in your use of the Internet. USA Triathlon is not responsible or liable for the security of the Internet or third-party websites. USA Triathlon reserves the right to terminate and/or deny website access that is associated with suspicious activity.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USAT DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE CORRECT, ACCURATE OR RELIABLE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL USAT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY COMPONENT THEREOF (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY OF LIABILITY, EVEN IF USAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN THE EVENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, USAT’S LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless USAT and its respective officers, directors, agents, employees and volunteers from any and all fines and penalties, and any and all claims by, or liability to, any third party for loss, damages or injury to persons or property based on or in any manner arising out of: (a) any User Content you submit, post, transmit or otherwise make available through the Site; or (b) your breach of this Agreement.
This Agreement will remain in effect until terminated by either party. You may terminate this Agreement at any time by ceasing to access the Site and by destroying all materials that you have downloaded from the Site. You acknowledge and agree that USAT may terminate your access to all or any part of the Site, with or without notice, for any or no reason, in its sole discretion, without liability of any kind. USAT may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice, without liability of any kind.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the State of Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You acknowledge that any breach or threatened breach of this Agreement by you will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, USAT will be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. USAT will be entitled to the relief described in this paragraph without the requirement of posting a bond. If USAT seeks any equitable remedies, it will not be precluded or prevented from seeking remedies at law, nor will it be deemed to have made an election of remedies.
In addition to any other relief, the prevailing party in any action arising out of this Agreement will be entitled to its reasonable attorneys’ fees and costs.
If any provision or part of this Agreement will be declared illegal, void or unenforceable, the remaining portions will continue in full force and effect to the extent permitted by law insofar as the primary purpose of this Agreement is not frustrated.
Any waiver by either party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement.
Whenever the consent or approval of USAT is required hereunder, such consent or approval may be given or withheld by USAT in its sole discretion.
This Agreement contains the entire understanding between the parties relating to the subject matter herein contained and supersedes all prior oral and written understandings, arrangements and agreements between the parties relating thereto.
If you have any questions about this Agreement, you can contact us as follows:
send an e-mail to us at firstname.lastname@example.org